Easements and Similar Rights An easement is a property right enjoyed by one property over another, generally an adjoining or neighbouring property. An easement is a burden on the adjoining land over which it applies. It must benefit the property concerned as such. It cannot be a benefit conferred on the owners or occupiers in a personal capacity. An example […]
Accommodates Land An easement must accommodate the land which it benefits. Accommodation refers to enhancements by reason of a connection between the easement and the land concerned. The connection must be with the ordinary use of the land benefited. This may be a residential, business or other use. The fact that the rights enhance the value of the property benefited is […]
Terms of Easement Grant The terms of the easement depend on the deed which grants it, the circumstances in the case of implied easements and the nature of the established long use, in the case of acquisition by prescription. Rights of way vary, from rights of way by foot to rights of way for large vehicles and equipment. Various expressions […]
Overview of Acquisition Easements may arise by several means. They may be granted by deed, by the owners of the land affected in favour of the owners of the land benefited. They may arise by implication, even if not expressly granted. The implication may either reflect the presumed intention of the parties or may arise from the requirements of the […]
Long Use/Prescription. An easement may be acquired by long use. This is analogous to the process by which title to land is acquired by adverse possession (squatting). The law on the acquisition of easements by long use (or prescription) was reformed and modernised in 2009. The 2009 reforms were reversed in 2021. An easement may be acquired under the doctrine of […]
Common Law At common law, an easement could be asserted if it had been used since time immemorial. This was defined as the year 1189, by statute. It was necessary, at least notionally to show under this principle that the easement had been used continuously since this time. The position was not as onerous as first appears, as the easement […]
Nature Public rights are exercised by the public or by a section of the public. They are not required to be ancillary to any land. A Public right of way may be for certain purposes or types of traffic. For example, it might be for persons on foot only. Public rights of way may apply for the benefit of a class […]
Nature of Profits a Prendre A profit a prendre is a right to take something from the land of another. It is a proprietary right and has certain similarities to an easement. However, unlike an easement, it may, but need not attach to or accommodate/benefit adjoining land. Profits a prendre may relate to anything which is the product of the […]
Fisheries Fisheries are rights to fish in a particular place. Sometimes the word is used to describe the place itself. It is presumed until the contrary is shown, that tidal waters are public fisheries in which every person may fish. Private fisheries are interests in property that generally belong to the river or seabed owner but may become detached from […]
Water Rights A landowner’s riparian rights are natural rights arising from his ownership of land containing or adjoining a body of water. Natural drainage rights may subsist when water runs from one property to another by gravity or otherwise. There may be a right to flow and drainage of water. Natural rights may be varied or supplemented by easements acquired […]
Release by Deed or Agreement Easements can be released in the same way as they can be granted. Generally, the release must be by a deed i.e. a document executed as such because an easement is a property right. The same principle applies to the releases of easements as generally apply to a property interest. An agreement to release an […]